Konfliktiõigus

Konfliktiõigus, also known as Private International Law or conflict of laws, is a body of law that governs legal disputes involving a private international element. This means that the dispute has connections to more than one legal system, such as when parties to a contract are from different countries, or when a tort occurs in a jurisdiction different from where the parties reside. The primary function of konfliktiõigus is to determine which jurisdiction's laws should apply to the dispute (choice of law), and which court has the authority to hear the case (jurisdiction). It also addresses the recognition and enforcement of foreign judgments.

The rules of konfliktiõigus are not substantive laws themselves; they do not create rights or obligations. Instead, they are procedural in nature, directing courts on how to resolve conflicts arising from cross-border transactions or events. These rules often rely on connecting factors, such as the domicile of the parties, the place where a contract was made or performed, or the location of property, to establish the relevant legal framework. Different countries have their own sets of konfliktiõigus rules, though efforts have been made through international conventions and harmonized principles to create greater uniformity.

Key areas covered by konfliktiõigus include family law (e.g., marriage, divorce, child custody), contract law, tort law, property law, and succession. For instance, in a divorce case involving spouses of different nationalities residing in a third country, konfliktiõigus rules would dictate which country's laws govern the divorce and property division, and which court has jurisdiction. The aim is to provide legal certainty and predictability in an increasingly interconnected world, ensuring that disputes with international dimensions can be resolved fairly and efficiently.